ABHAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petitioner (hereinafter to be referred as "petitioner") is aggrieved of order dated 23.09.2015 passed in W.P.(S) No. 317 of 2015 whereby, his challenge to initiation of the departmental proceeding and the prayer seeking quashing of charge-sheet have been declined.

(2.) At the outset, Mr. Anil Kumar Sinha, the learned Senior Counsel for the petitioner submits that he would confine his arguments only to the legality of the charge-sheet issued to the petitioner and such challenge is primarily based on the erroneous finding of fact recorded by the learned Single Judge in paragraph no. 9 of the impugned order. The contention, in short, is that the charge-sheet which was served upon the petitioner which is required to be approved by the competent authority was never approved by him however, the learned Single Judge has dismissed the said plea on the ground that the Minister of Rural Development Department approved the proposal relating to the initiation of departmental proceeding on 23.11.2011, based on the charge-sheet.

(3.) The protection guaranteed under Art. 311 of the Constitution of India is of overwhelming importance and any infraction of the said constitutional guarantee would render the penalty order illegal. The precise issue involved in the present appeal is, whether a departmental proceeding can commence to enquire into the charges contained in a charge-memo which was not approved by the competent authority. Taking leaf from the decision in "Union of India and Ors. Vs. B.V. Gopinath" (2014) 1 SCC 351, Mr. Anil Kumar Sinha, the learned Senior Counsel for the petitioner submits that unless the competent authority approves the charge-memo, the departmental proceeding to enquire into the charges framed against the delinquent officer cannot commence.